quesJudge asked to take mutual divorce but gave a date after 6 months.

My younger brother has filed divorce case. Since one year the case is in the court. Earlier his wife wasn't ready to divorce him. Now she is wiling to divorce him. The judge has asked to take mutual divorce and given a date next hearing six months later. How can my brother quickly get divorce?

  • ansThe period of 6 months given by judge is in compliance with the provisions of Law. Hence, cannot be dispensed with. Thus, your brother will get divorced only after 6 months when second motion would be moved. Under Indian Laws marriage is a sacred relation and not contract therefore courts are duty bound to make efforts until last ditch to save a marriage.

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • ansA mutual divorce can be obtained in approximately 6 months. It essentially involves two motions before court, 6 months apart.

    The parties can move a joint petition for divorce and appear in court wherein the judge will confirm their intentions. And six months later, the second motion will be passed and divorce decree issued.

  • ansFor divorce by mutual consent, both parties have to agree to get divorced. The following are the laws related to it:
    • Hindu Marriage Act-Section 13B
    • Divorce Act-Section 10A
    • Special marriage Ac-Section 28
    However, you will need to show to the court that you have been living separately for a year for that. In case your brother has not been living separately for more than a year, he will have to wait for that time to pass.

    Advocate Mishika Singh

      Lajpat Nagar 1, Delhi

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